Filing a personal injury case can be an overwhelming prospect, but it is also fraught with the potential to make mistakes that could compromise your ability to recover compensation. As an injured victim in California, you may have the right to pursue compensation, but it is imperative that you understand your rights and responsibilities and take caution when pursuing a personal injury lawsuit. Your personal injury case is important, and knowing what to do to protect your legal rights is vital for allowing you to move on with your life.
One of the most important things you can do is to consult with an attorney sooner rather than later. A lawyer can have a big impact on the outcome of your case and can also educate you about the best way to proceed to protect your legal rights.
There are several common mistakes that could hamper or harm your personal injury case.
Posting on Social Media Carelessly
Posting activities on social media is so commonplace for most people that you may not even think about it. But after a personal injury claim, you need to be careful about what you post on social media. Even something that is posted from six months ago could make it seem as though the picture was taken recently, especially if you’re showing yourself doing something athletic that is no longer possible for you as a result of the accident. Be mindful of how posting on social media could harm the integrity of your personal injury claim.
Think twice before posting anything, especially public information that could potentially be misconstrued or used against you.
During your initial consultation with your California injury lawyer about your injury case, sit down to discuss do’s and don’ts about social media. Knowing what to do and what not to do may help you protect your legal rights and ensure the best possible chance of recovering maximum compensation in a personal injury claim.
Missing Medical Appointments
This is because you do not want the other side to argue that you did not attend your medical appointments or get the treatment required in order for you to recover. A claim like this could harm the outcome of your personal injury case. Try not to miss any medical appointments.
If you do need to reschedule, make sure to book a new date right away. It’s also a good idea to keep a journal of all your medical visits, including what was discussed at each one, to maintain a clear and accurate record. When you have multiple doctors taking care of you after a serious accident in California, it can be very hard to keep track of these details, especially when you are trying to juggle your regular life or even returning to work in the midst of all of this medical care.
Likewise, if your doctor recommends that you get physical therapy, medical assistive devices, or pursue other healing modalities, take note of this. You want to do everything possible to show that you have made a good faith effort to recover in full. It is much easier to go in with a strong claim that you have done everything possible to make your situation better.
If you need assistance with juggling this, you can talk to your attorney about best practices for your personal injury case.
Giving a Recorded Statement to the Insurance Company
Giving a recorded statement to an insurance company could have a devastating impact on the outcome of your case. It is also important to be mindful of what you say at the accident scene itself. Do not ever accept blame at the scene of the accident, especially if you are not sure what really happened.
Giving a recorded statement could be taken as a statement of fact. Instead, ask that your insurance company contact your attorney instead of speaking with you. Your insurance company may need to get some critical details from you immediately after the accident occurs, but avoid signing any paperwork or making any recorded statements until you have had the opportunity to hire a personal injury lawyer and to discuss this with them.
The right legal guidance from your attorney can help you avoid making mistakes that could compromise your right to recover maximum compensation in a personal injury case.
Not Organizing Your Information/Evidence
Staying organized is crucial for your personal injury claim. It is hard to go back in time and remember all of the details of everything that happened to you or everything that you went through following the accident. So start with good habits by keeping everything as organized as possible. Keep track of all phone calls, missed time at work, communication from insurance companies or other involved parties, and more. By being able to go back and reflect on this over the course of a long period of time, you will be in a much better situation to present your case and fight for a fair settlement or a good outcome in trial.
If you’re stuck on how best to do this, rely more on your personal injury lawyer. Your attorney can help you start your injury claim with good habits, storing important materials. Although you may not need every piece of evidence down the road, it is far better to be prepared.
Not Hiring a Lawyer
Not hiring an attorney can be a big mistake in your personal injury case, especially if you have devastating injuries and high expenses associated with the accident. You may assume that your insurance company is there to protect you, but they may not have your best interests in mind when you are pursuing a personal injury claim. You need to assume that the only person in your corner is an advocate in the form of a personal injury attorney. Personal injury attorneys know the legal landscape as well as many of the most common pitfalls facing victims. They can help you avoid costly mistakes that could influence you for years to come.
For example, perhaps your insurance company presents you with a lowball settlement offer, and in the moment, some money seems better than no money, and you’re tempted to take it. In doing this, however, you sign away your rights to pursue any further legal action against the insurance company, and then the matter is considered closed. If you have not properly calculated your future medical expenses, this could lead to significant problems for you down the road. It is important to be mindful of these challenges and to hire an attorney sooner rather than later.
Another big reason to hire a personal injury attorney in California following an accident is because you already have enough to deal with in the wake of this incident. Attending medical appointments, coping with the day-to-day impact on your life, possibly even making adjustments to your home or your ability to take care of other members of your family can all simply be too much to deal with. Let an attorney handle the legal components of your case as well as all communication associated with your accident.
